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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Layak Ram – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. membership governed by society bylaws. (Para 1 , 2 , 3 , 4) |
| 2. regulatory committee formed for membership oversight. (Para 5) |
JUDGMENT :
Jyotsna Rewal Dua, J
The Regulatory Committee-respondent No.5 rejected petitioners’ applications on 14.02.2025 (Annexure P-18) for becoming members of respondent No.6-Society. Based upon this decision a resolution was passed on 21.04.2025 by respondent No.6-Soceity cancelling memberships of petitioners. Aggrieved, petitioners have instituted this petition.
2. Heard learned counsel for the parties and considered the case file.
3. Following facts are not in dispute: -
3(i) Respondent No.6 is a Society registered on 24.03.2000 under the provisions of Himachal Pradesh Cooperative Societies Act, 1968. Its Byelaws have been duly approved by the competent authority. Membership of the Society is governed by its Byelaws, relevant to the context are reproduced hereunder: -
“6. Subject to the provisions of Act, Rules and the Bye-Laws, any individual who is hereditary resident of area of operation and also having ancestral land shall be eligible for admission as member of the society if he/she owns trucks, but not more than 3 trucks.
Provided that:-
Cooperative society holds primary authority to decide membership applications per bye-laws, subject to Registrar appeal; regulatory committee cannot directly reject but only oversee eligibility post-....
Membership in cooperative societies requires compliance with specified contributions and procedures; lacking compliance, tenant status does not automatically confer membership rights.
In cooperative society elections, zones formed by membership serial numbers when contiguity undiscernible; Article 226 permits directing membership verification for fair polls despite delays and reme....
The court established that under the Maharashtra Cooperative Societies Act, a cooperative society is obligated to accept all qualified membership applications, and any disputes regarding membership m....
The court affirmed that only flat owners can manage a co-operative housing society, and the Deputy Registrar acted within jurisdiction under Section 78A of the Maharashtra Co-operative Societies Act,....
A co-operative society can challenge membership decisions if it demonstrates legal or financial harm, while individual members have standing to contest eligibility determinations impacting their righ....
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